{"id":"alj-H206191-2023-01-19","awcc_number":"H206191","decision_date":"2023-01-19","opinion_type":"alj","claimant_name":"Alan Harden","employer_name":"Potlatchdeltic Corp","title":"HARDEN VS. POTLATCHDELTIC CORP. AWCC# H206191 AMENDED JANUARY 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HARDEN_ALAN_H206191_20230119.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARDEN_ALAN_H206191_20230119.pdf","text_length":5172,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H206191 \n \nALAN HARDEN, \nEMPLOYEE CLAIMANT \n \nPOTLATCHDELTIC CORP., \nEMPLOYER RESPONDENT \n \nSENTRY CASUALTY INS. CO./ \nSENTRY INSURANCE CO., \nCARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED JANUARY 19, 2023 \n \nHearing conducted on Wednesday, January 18, 2023, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Mr. Alan Harden, pro se, of Waldo, Columbia County, Arkansas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable Jarrod S. Parrish, Worley, Wood & Parrish, \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, January 18, 2023, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2019 \nLexis Replacement) and Commission Rule 099.13 (2022 Lexis Replacement). \n The respondents filed a motion to dismiss with the Commission on November 18, 2022, \nrequesting this claim be dismissed for lack of prosecution. Pursuant to the applicable law, the \nclaimant was mailed a copy of the respondents’ motion to dismiss and the subject hearing notice \nin advance of the hearing to his last known address on two (2) separate dates: first, on November \n18, 2022, and second, on December 13, 2022, via the United States Postal Service (USPS), First \nClass Mail, Return Receipt Requested. Thereafter, the claimant failed and/or refused to either \n\nAlan Harden, AWCC No. H206191 \n \n2 \n \nrespond to the respondents’ motion in any way, or to appear at the subject hearing. In fact, the \nrespondents’ advised the claimant has returned to work. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4), as well as our court of appeals’ ruling in \nDillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan recite a detailed analysis of the record, suffice it to say the preponderance of the evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute his claim at this time. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of both the respondents’ motion and the \nsubject hearing notice on two (2) separate occasions, the claimant failed and/or refused to \nrespond to the motion in any way, and failed and/or refused to appear at the subject hearing. \nTherefore, the claimant has waived his right to a hearing on the respondents’ motion to \ndismiss without prejudice. \n \n3. The claimant has to date failed and/or refused to request a hearing (although it has not yet \nbeen six (6) months since his Form AR-C was filed), and he has failed and/or refused to \ntake any action(s) to prosecute his claim. \n \n4. Therefore, the respondents’ motion to dismiss without prejudice filed on November 18, \n2022, is GRANTED; and this claim hereby is dismissed without prejudice to its refiling \npursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n\nAlan Harden, AWCC No. H206191 \n \n3 \n \n This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf, from refiling the claim if it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n The respondents hereby are ordered to pay the court reporter’s invoice within twenty (20) \ndays of its receipt thereof. \n IT IS SO ORDERED. \n \n____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206191 ALAN HARDEN, EMPLOYEE CLAIMANT POTLATCHDELTIC CORP., EMPLOYER RESPONDENT SENTRY CASUALTY INS. CO./ SENTRY INSURANCE CO., CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED JANUARY 19, 2023 Hearing conducted on Wednesday, Jan...","fetched_at":"2026-05-19T23:11:37.941Z","links":{"html":"/opinions/alj-H206191-2023-01-19","pdf":"https://labor.arkansas.gov/wp-content/uploads/HARDEN_ALAN_H206191_20230119.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}